S.Paragraph 1

This Scheme may be called the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983.

S.Paragraph 2

All words used in this scheme shall have the meaning assigned to them in the Kerala Headload Workers Act, 1978 (20 of 1980) and the Rules made thereunder.

S.Paragraph 3

This scheme shall come into force in the area specified in the schedule attached to this Scheme in respect of all establishments from such date as may be fixed by the Government by Notification in the Gazette.**

S.Paragraph 4

The scheme shall be administered by the Committee and the Board shall be responsible to the Government for the administration of the scheme.

S.Paragraph 5

The Board shall be responsible for the General Welfare of the headload workers, and for the said purpose, may incur expenditure on:

 (a)  housing for headload workers;

 (b) education of children of headload workers; and

 (c) such other items of welfare as may be formulated by the Board and approved by the Government.

S.Paragraph ¹[6 Procedure for regulation of employment of Head load Workers on Scheme areas

(1) No headload worker who is not a registered Headload Worker under the provision of the Kerala Headload Rules shall be allowed or required to work in any area to which the scheme applies from the date of commencement of the functional operation of Scheme in the area.

 (2) From the date of commencement of the functional operation of the scheme in any area, no headload worker who is not permanently employed by an employer or contractor shall be allowed or required to work in any area to which the scheme applies unless he is granted a further registration under the provisions of this scheme.  

S.Paragraph 6A Registration of Headload Workers under the Scheme at the commencement of the scheme

At the commencement of the scheme in any area a headload worker who is not permanently employed by an employer or contractor and who is not permanently employed by an employer or contractor and who is registered under the provisions of the Kerala Headload Workers Rules may submit his application in Form A to the Convener of the Committee concerned for registration in the Committee under the Scheme along with two passport size photographs.

 (2) On receipt of an application for registration as above, the Convener of the Committee or an officer authorise by him in this behalf shall verify the application with reference to the registration granted as per the provisions of the Kerala Headload Workers Rules and after such enquiry as the Convener may deem fit and after giving the applicant an opportunity of being heard, may on his being satisfied that the applicant is eligible for registration under the scheme grant such registration to him by registering his name and part

S.Paragraph 6B Procedure for replenishment of Workers in the rolls of the Committee

(1) During March of every year the committee may assess the probable number of Workers that may be required additionally on account of retirement on superannuation, death, disability, resignation, removal and expansion of the scheme and resolve to register such number of additional workers in the Committee.

 (2) Within two weeks of such resolution, the Convener of the Committee shall issue a notice inviting applications from those workers who have already been registered under the provisions of Kerala Headload Workers Rules for a period of at least two years prior to the date of the notice and working in that area. The notice inviting such applications shall be exhibited in the Notice Board of the Committee and such other public places as may be specified by the Committee in this behalf. A Copy thereof shall be communicated to the Kerala Headload Workers Welfare Board.

 (3) Any person already registered under the provisions of the Kerala Headload Wo

S.Paragraph 6C Procedure for providing employment to the dependents of workers dying-in-harness

²[(1) Notwithstanding anything contained in this scheme, if a headload worker in the rolls of a Committee, dies while in service, or is removed from rolls of the Committee as recommended by a Medical Board on account of total and permanent disability to do loading and unloading work due to any accident or discease, any dependent of the deceased worker or of the worker so removed, who has attained the age of 18 years and who is of sound physique may file an application in Form 'E' before the Convener of the Committee concerned within three months from the date of death or removal of the worker. The application shall be accompanied by two passport size photographs of the applicant and such other documents as may be specified by the Chief Executive of the Board from time to time:

Provided that an undertaking shall be obtained from the dependent who filed application to the effect that he will give reasonable financial support to the family of the deceased or removed w

S.Paragraph 6D

Any person who has been registered and issued an Identity Card as per the provisions of paragraphs 6A, 6B and 6C shall be entitled for employment under the Committee in the appropriate pool subject to any decision of the Committee under sub-section 8(a) of Section 18 of the Kerala Headload Workers Act.

S.Paragraph 6E Appeal

(1) Any person aggrieved by an order of the convener under sub-paragraph (4) of paragraph 6A sub-paragraph (5) of paragraph 6B and sub-paragraph (5) of paragraph 6(C) as the case may be file an appeal within 60 days from the date of receipt of such order to the Committee concerned. Such appeal shall be addressed to the Chairman of the Committee.

Provided that the appellate authority may admit an appeal filed after a the expiry of the said period if the Committee is satisfied that the appellant had sufficient cause for not filing the appeal within the said period:

Provided further that no such appeal shall be admitted after a period of six months from the date of the order of the Convener appealed against.

 (2) On receipt of an appeal the Committee shall make such enquiries as they deem fit and after giving the appellant and other affected parties if any, an opportunity of being heard decided the appeal within a period of 60 days or within 2 consecutiv

S.Paragraph ³[7 Registration of Employers

(1) Every Employer in the area who engages or employs headload workers in or for an establishment for trade or business either directly or through a contractor shall register their names with the Committee along with such details and in the manner as may be specified by the Board within 30 days from the date of commencement of the functional operation of the Scheme in an area or within such further time that may be allowed by the Committee not exceeding 45 days.

 (2)  The employer who is not applying for registration within the specified time shall be liable to pay an additional fee of Rs. 5 per day for the entire period of delay.

 (3)  The employer shall also furnish necessary details or records to prove their identity, correct address, ownership of the firm etc., when called upon to do so by the Chairman or convenor of the Committee or an Officer authorised by the Board.

 (4)  A register of employers shall be maintained in the Com

S.Paragraph 8

Every registered headload worker, to whom registration has been granted by ⁴[Convener of the Committee] shall work only in the area per allotment made by the Committee. 

S.Paragraph 9

Every headload worker shall handle every article with utmost care so that no damage is caused to the article. 

S.Paragraph 10

Every headload worker shall be deemed to be employed by the Committee of that area and his work shall be supervised by the person for whom the workers have been allotted, as well as by any officer of the Committee.

S.Paragraph 11

After coming into force of this Scheme for an area, no headload worker shall be employed or paid wages except in accordance with the provisions in the scheme.

S.Paragraph 12

Every year, the Committee shall arrange for the medical examination of each headload worker and arrange to meet the expenses for his medical care through Government Medical Officers and institutions.

S.Paragraph 13

The Scheme when brought into force shall be administered by the Committee constituted under Section 18 of the Act.

S.Paragraph 14

The term of every member of the Committee shall be two years from the date of nomination:

Provided that the Committee may continue to function after the expiry of the term till a new Committee is constituted.

S.Paragraph 15

⁵[The Government may appoint an officer of the Labour Department not below the rank of a District Labour Officer or Officers of other Departments in the same grade to be the Chairman of the Committee, and another Officer not below the rank of a Deputy Labour Officer of the Labour Department or Officers of other Departments in the same grade to be the Convener of the Committee:

Provided that if there are hands available from the Labour Department, Government may give preference to them].

S.Paragraph 16

The Chairman shall preside over the meeting of the Committee and shall carry out the decision of the Committee for:--

 (a) Posting of the headload workers who are not employed regularly under any employer;

 (b) in arranging and regulating employment to such headload workers and paying them wages;

 (c) in taking disciplinary action against them wherever necessary;

 (d) is doing such acts as are necessary for implementing the Scheme for the area.

S.Paragraph 17

The Chairman shall have power to take decision in individual cases within the frame work of the policy decided by the Committee from time to time.

S.Paragraph 18

The Convener shall assist the Chairman in the discharge of his functions and convene meetings of the Committee from time to time.

S.Paragraph 19

The Committee shall determine the number of headload workers needed for their area and for this purpose increase or decrease the number in their register.

S.Paragraph 20

The Chairman shall make necessary arrangements to pool the registered workers into as many groups as are needed and locate these groups at locations decided by him.

S.Paragraph 21

An employer requiring the services of headload workers shall from time to time intimate the Convener the number of workers needed by him and the Convener shall allot such number of Registered workers for that employer.

S.Paragraph ⁶[22

As soon as the work for the day is over, the employer shall send to the Convenor through the worker a statement of work done (Work Card), with such details in Form No. B appended to this Scheme. Such forms will be made out in triplicate, for enabling the employer to keep the triplicate copy, the 2nd copy with the worker of the pool concerned and the original copy with the Convenor of the Committee. After noting the wages and welfare levy amounts due the copy of Form No. B received by the Committee shall be kept employer-wise as record].

S.Paragraph 23

On receipt of the details of work done the Convener shall arrange to enter the wages and other details thereof in a Register maintained for the purpose.

S.Paragraph ⁶[24

The payment of wages and other welfare benefits to the registered healdload workers shall be regulated as follows:--

 (a)  The wage amounts for the work done for an employer or contractor in or for an establishment by the registered headload workers shall be paid by such employer or contractor only through the Committee in the manner specified by the Board along with the Welfare Fund contributions such as the levy rates mentioned in Chapter VIII of this Scheme.

 (b)  The wages earned by the registered workers through the Committee shall be arranged to be disbursed by the Convenor or any other officer authorised by the Chairman through Bank or otherwise in the manner specified by the Board within seven days after expiry of every month.

S.Paragraph ⁷[24A Removal of workers from Rolls

(1) Notwithstanding anything contained in this Scheme, if a headload worker in rolls of the Committee is continuously absent from work without sufficient reason or has not earned wages through the Committee for a period of 60 days or has not earned wages at least for 90 days continuously in an year, the Chairman shall issue a notice by registered post requiring him to show cause within 7 days or within such extended period as may be allowed by the Chairman as to why his name should not be removed from the rolls of the Committee and his registration under Rule 26A and para 6A(2) be cancelled.

 (2)  If any written explanation has been received within the stipulated time, the Chairman may consider the explanation on its merits and pass appropriate orders in accordance with the general guidelines issued in the matter by the Board.

 (3)  If no satisfactory explanation is received in time, it shall be presumed that the worker has not explanation to offer,

S.Paragraph 24B Acceptance of registration of workers

(1) Notwithstanding anything contained in this scheme, if a headload worker in rolls of the Committee voluntarily submits his resignation along with the surrender of Identity Cards issued under Rule 26A and para 6A (3) of the Scheme, the Chairman after satisfying himself of its genuineness and if it is found not detrimental to the interests of the Committee, may accept the same and by an order in writing remove his name from the rolls and cancel his registration as headload worker under Para 6A(2) of the Scheme in accordance with the guidelines issued in the matter by the Board under intimation to the Assistant Labour Officer concerned by registered post along with the original Identity Card in Form XI for noting the particulars of cancellation of registration in the Register of workers in Form No. IV maintained in his office, to the Convenor and the Chief Executive of the Board.

 (2)  No person whose resignation has been accepted and the registration cancelled, sha

S.Paragraph 25

It shall be the obligation of the Committee to provide all the benefits to registered headload workers arising out of statutory enactments.

S.Paragraph 26

The Committee may, taking into consideration the finances of the Committee and other relevant matters, decide on extension of non-statutory benefits to the registered headload workmen in that area subject to the condition that all such decisions shall have the concurrence of the Board and the Government.

S.Paragraph 27

Every registered employer, on registration, shall deposit with the Committee amounts approximately equivalent to the wages payable by him to the headload workers for a week. The Committee shall on receipt of the amount, credit the amount to the employer's account.

S.Paragraph 28

The Committee shall arrange to assess the amount of wages to be recovered from the employers every week and make arrangements to collect the same.

S.Paragraph ⁸[29

The Committee being a regulatory and welfare authority shall called a welfare levy as a contribution to its general welfare fund for the administration of the Scheme including welfare functions and the matters related thereto, from the employers and the headload workers at the rate of 25% and 10% respectively of the wages actually payable by the employer to the registered headload worker].

S.Paragraph ⁹[29A Accident Relief Fund

(1) Apart from the welfare levy as a contribution payable to the general welfare fund under paragraph 29 every employer who employs or engages a headload worker in or for an establishment shall pay a contribution at the rate of 2% of the wages actually payable to the headload workers on completion of work for a day as additional welfare levy towards the accident relief fund to be maintained and administered by the Board. The particulars thereof shall be furnished in 'Form B' or in such other manner as may be specified by the Board from time to time.

(2) Every employer who fails to pay additional welfare levy on the due dates as provided in sub paragraph (1) shall be liable to pay a penalty at the rate of 1.5% of the amount due from him per month till it is actually paid to the Committee.

(3) The additional welfare levy amount received and the Committee shall be transferred and credited to the Accident Relief Fund to be maintained by the Board, at the end of each month

S.Paragraph 30

The Committee may revise the quantum of levy every year taking into consideration its finances, its obligations and other relevant matters and such decision shall have the concurrence of the Board and the Government.

S.Paragraph 31

¹[(1)] Each Committee constituted under Section 18 of the Act shall arrange to contribute every month to the Headload Workers Welfare Fund a sum calculated at ²[Rs.5] per worker per month in respect of all registered workers on its rolls. In addition each Committee shall pay to the Board 2% of the total wages paid by them during the financial year. Payment to the Board in this regard shall be made before 30th June every year in respect of annual payment, and before 15th of every succeeding month in the case of monthly payment.

³[(2) The interest received out of investment of the fund may also be utilized for meeting the medical expenses and other welfare activities of the headload workers as decided and approved by the Board from time to time.]

S.Paragraph 32

The Committee shall keep individual accounts in respect of each worker and credit into his account a sum equivalent to ¹[11%] of his total wages at the close of each financial year for payment towards his terminal benefit on retirement superannuation 'death' disability etc.

S.Paragraph 33

All matters of indiscipline among the part of workers or employers shall be investigated by an officer authorised by the Chairman.

S.Paragraph 34

The Investigating Officer shall conduct a summary enquiry into any complaint of misconduct or indiscipline on the part of a headload worker and shall conclude such enquiry and submit a report to the Chairman within 15 days from the date of receipt of the complaint. During the enquiry he shall afford an opportunity to the accused worker to present his case.

S.Paragraph 35

Immediately on receipt of the report the Chairman shall consider it and exonerate the worker if he is of opinion that no offence has been made out as alleged in the complaint. If he comes to the conclusion that the alleged act to misconduct or indiscipline has been established, he shall, having due regard to the circumstances of the case, award any of the following punishments to the accused worker.

 (a) Warning in writing;

 (b) Suspension from work for a period of not less than 7 days but not more than 30 days:

Provided that in the case of repeated offences such suspension may for reasons to be recorded in writing extend upto a period of 60 days;

 (c) Cancellation of registration as headload worker if there are sufficient grounds for doing so.

S.Paragraph 36

Any worker, on cancellation of his registration by the chairman may within 15 days from the receipt of the order of the Chairman prefer an appeal in writing to the Committee. The Committee shall call for the records of the case and after hearing the appeal petitioner, pass orders on such appeal within a period of 30 days of its receipt. The order in appeal passed by the Committee shall be final.

S.Paragraph 37

Any order of the Committee shall be authenticated for and on behalf of the committee by its Chairman.

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Ward Nos.38 and 39 in Trivandrum Corporation

¹¹[Ward Nos. 1 to 37 and 40 to 50 in Trivandrum Corporation.]

¹²[Ward Nos.1 to 32 in Thrissur Municipal Town.]

¹³[Corporation areas of Cochin City and the Thrikakkara South Village in Kanayannur Taluk of Ernakulam District.]

¹⁴[The Corporation area of Kozhikode city.]

¹⁵[All the eleven wards of Kattakada Panchayat and Ward Nos.II, VII and X of Proovachal Panchayat in Trivandrum District.]

¹⁶[The Municipal areas Cannanore, Tellicherry and Palakkad.]

¹⁷[The Municipal areas of Kottayam, Changanachery, Thodupuzha, Alappuzha, Cherthala, Kollam, Punalur and Pathanmthitta.]

¹⁸[Panchayat areas of Mannarghat, Paracode (in Adoor Panchayat) and Kottarakkara.]

¹⁹[The Municipal areas of Nedumangad, Neytyattinkara and Attingal in Trivandrum district.]

²⁰[The Municipal areas o

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